HomeMy WebLinkAboutELECTRO CONSTRUCTIONCity of Santa P-a
Clerk of the Cou..-il
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
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Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with
COTC Office Use Only
City of Santa Ana
! 4 0 2 =s 1
Clurt<of the Council
A-2019-172
No. was completed on �� ^ and final payment has been made.
(List all amendments. Use space below if needed.) cc''
Department: y� ����e�-�-L�/ �Y`(�11�,
Phone/Ext.: `�o2sl (�
Signature: E� ok 1Ck \ AN�//10
Date: -7 L-7 d;l
Revised: 10-18-16
INSURANCE NOT ON FILE
WORK MAY No PROCEED
CLERK OF COUNCIL
DATE: pCi 1 1 Z(
0lgtl(-5 W-)
A-2019-172
S l\vVA
THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between
Electro Construction Corp., a California Corporation, (hereinafter "Contractor"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City issued a Request for Proposals ("RFP") (RFP No. 19-058) and Addendums 1-3 for
furnishing labor and materials to retrofit the exterior lighting at Citys Stadium by installing
LED lighting ("the project').
B. On July 1, 2019, Contractor submitted a proposal, which thereafter ranked the highest in the
evaluation process.
C. The parties acknowledge that the funding for the project is On Bill Financing ("OBF")
proceeds and incentives from Southern California Edison ("Edison"). Edison has approved
the project for OBF proceeds.
D. The City desires to retain a Contractor having special skill and knowledge in the field of
retrofitting lighting fixtures through the installation of LED lighting at Citys Stadium.
E. Contractor represents that Contractor is able and willing to provide such services to the City.
F. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall furnish labor and materials to retrofit the exterior lighting at City's
Stadium in the City of Santa Ana by installing LED lighting as set forth in the General Scope of
Services and Requirements of RFP No. 19-058 attached hereto as Exhibit A, all corresponding
Addendums issued for the RFP, and Contractor's proposal submitted July 1, 2019, in response
to RFP No. 19-058 incorporated by reference as if completely set forth in full in this Agreement.
No additions or change in scope for purposes of utilizing the contingency compensation will be
made without the written approval of the Executive Director of Parks, Recreation, and
Community Services Agency. Contractor will be responsible for any costs incurred outside of
the scope of services without written approval.
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2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B. The total sum to be
expended under this Agreement shall not exceed $501,167.70, which includes
$438,798.00 plus a 15% contingency of $65,369.70 to be used at the City's sole
discretion during the term of this Agreement.
b. Contractor acknowledges that this project is funded by cash incentives and OBF
proceeds from Edison. City will not pay invoices from Contractor until after
Contractor receives all Edison allocated OBF proceeds and Incentives for the
project. Once the project work is completed, City will enter into an On Bill
Financing Agreement with Edison and Edison will pay Contractor directly. City
makes no guarantees on the timeline for Edison's OBF process.
c. City retained an energy consultant, the Energy Network, to assist with this
project. Attached hereto as Exhibit "C" is the Energy Network's OBF calculations
for the project.
d. In the event that the OBF proceeds and/or Edison cash incentives do not cover
the compensation set forth in Section 2a of this Agreement, City will pay the
remainder due to Contractor not to exceed the total Agreement compensation
agreed upon in Section 2a of this Agreement.
e. Certified Payroll Reports are required at project completion and final payment will
not be processed until the Certified Payroll Reports are submitted on the forms
approved by the California Department of Industrial Relations.
3. TERM
This Agreement shall commence on the date first written above and terminate on
September 30, 2020, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship,
or to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
#95440
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents & Data").
Contractor shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents & Data the subcontractor prepares under
this Agreement. Contractor represents and warrants that Contractor has the legal right to
license any and all Documents & Data. Contractor makes no such representation and warranty
in regard to Documents & Data which were provided to Contractor by the City. City shall not be
limited in any way in its use of the Documents and Data at any time, provided that any such use
not within the purposes intended by this Agreement shall be at City's sole risk.
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in
the aggregate. Contractor shall supply City with a fully executed additional
insured endorsement on a form approved by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement,
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(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at
the City's election, to forthwith terminate this Agreement. Such termination shall
not affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
7. FINGERPRINTS AND BACKGROUND CHECK
Contractor, and any employees, subcontractors or substitutes, shall arrange for and submit
their fingerprints for a criminal background check through the Department of Justice through
the City's Human Resources Department process. Contractor shall be responsible for all
charges associated with fingerprinting. Contractor shall not perform any services pursuant to
this Agreement until clearance is received and Contractor is notified by the City's Parks,
Recreation and Community Services Department.
PREVAILING WAGE
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(`Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works' and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
9. COMMUNITY WORKFORCE AGREEMENT
On August 15, 2017, the Santa Ana City Council approved a Community Workforce
Agreement ("CWA") with the Los Angeles/Orange Counties Building and Construction Trade
Council and the Signatory Craft Councils and Unions. The provisions of the agreement would
apply to all construction and major rehabilitation work pursuant to "Prime Multi -Trade"
construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade
contracts. The agreement also applies to all "Prime Specialty" contracts (single trade
contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts.
Specialty contracts are contracts for project work with a specialty contractor which is either
limited to a particular single trade or craft or limited to a singular scope of work.
#9544v3
Contractors working on projects over the above thresholds must, in filling craft job
requirements, utilize and be bound by the registration facilities and referral systems
established and authorized by the Unions who are signatory to the agreement. This is
commonly referred to a Union hiring hall.
Contractors retain the right to reject any applicant referred to them through the job referral
system, determine competency of all employees, to determine the number of employees
required, and the duties of such employees. If any Union's registration and referral system
does not fulfill the requirements for specific classifications requested by any Contractor within
48 hours, the Contractor may employ applicants meeting such classifications from any other
available source.
Contractor will work with the City's Labor Compliance Contractor to ensure compliance
with the CWA.
10. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This
Section will survive termination and completion of the Agreement.
11. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement. This
Section will survive termination and completion of the Agreement.
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12. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement during regular business hours. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this
Agreement. This Section will survive termination and completion of the Agreement.
13. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written information,
but also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is
covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not
apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without
reference to information disclosed by the City.
14. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services specified
under this Agreement.
15. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
#95440
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-75)
P.Q. Box 1988
Santa Ana, California 92702
Fax 714-571-4221
M
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
To Contractor:
Mr. Rune Adam Jensen, CEO
Electro Construction Corp.
2225 Windsor Avenue
Altadena, California 91001
Fax: 323-660-6211
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report
issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties.
In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Contractor or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein.
#9544v3
17. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void. Nothing in
this Agreement shall be construed to limit the City's ability to have any of the services, which
are the subject to this Agreement performed by City personnel or by other Contractors retained
by City.
18, TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive compensation for all services
performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed, as of such date, and in such case,
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes, as the City
deems appropriate,
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
19. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
20, JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. Contractor shall notify
the City immediately and in writing of its inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
#95440
Agreement.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
�a
k .
7 DAISY GOMEZ
a
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney n
By:c�►.(�,�i pi N, P��n,,(Lt,
Laura A. Rossini
Senior Assistant City Attorney
1:7214161dtuIQ101*91
LIS`IRUDLOFF
ecutive Director
Parks. Recreation and Community
Services Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
N CTOR
Electro Constructi Corp.
Rune Adam Jensen
CEO
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1*7A
SCOPE OF SERVICES
t#95440
Appendix
Arl'ACffMEN'r i
SCOPE OFWORK.
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
LIGI H ING RE"rROFI"r AT SAN I A ANA S FADI UPI
RFP NO.; 19-058
Project Duration: 4 Weeks
Mobilize: On cleliver date of Sports Lights
Scope: Bid Item 91 Exterior
Receive Nluseo Lighting delivery trucks & store in Bin onsite
Demo (1 19) Mosco Fixtures & arms on existing palm & dispose of
Demo PlaChorms/Caging on oach pole using crane & li 11
Weld hangers to pole For driver box attachment
Weld 4" huh in pole to gain access into polo at driver box location
Install Driver Boxes
Assemble Musco Arms & (62) Fixtures and lift to position with crane
Install Musco wire harnesses, torminate & test
Clean up site
�� _..... City ol'Sante Ann R T 1) 058
Page 12
Appendix
A,rT'ACFIMENT IA
LIST OF SUBCONTRACTORS
City of Santa Ana
Page 13
19
FEE SCHEDULE (OR) RATES AND CHARGES
495440
X&O_SOI�STRUCTION
E LECTR
2M WINDSOR AVENUE -ALTADENA, CA 91001 • (323) 660,1141 • FAX (323) 660-6211
FEE PROPOSALAAGHTING AUDIT TABLE
INCLUDING DOCUMENTATION FOR SUBSTITUTION
DATE:
7/1/2019
CONIPANY: City ot'San(aAna
ATTN: Flank Arroyo
PROJECT: Lighting Retrofit at Santa Ana Stadium
RFP #19-058
ADDENDA: 1,2,3
13ASE BID: Bid ltem#1 Exterior
Appendix A: Lighting Inventory (To be installed)
ECC EST# 6949-1
62 CA $ 7,029.00 $ 435,798.00
Bid Item4l Ball Field Musco TLC-I,ED-1400NB* Qty 62
* See attached Masco Quotation, Project & Illumination Schedule &
Fixture Cut Sheet & DLC Listing
Date: July 1, 2019
To: wholesale Distribution
Project: Santa Ana Stadium
Santa Ana, CA
Ref: 196489
Quotation Price — Materials Only Delivered to Job Site
Musco Materials:
Wholesale Distribotiim/Contractor tvlark-ups, sales tax, bonding, labor, and unloading a/the equipment are. not included in
price.
Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential.
SportsCluster System with Total Light Control— TLC f or LED'" technology
Guaranteed Lighting performance
. Guaranteed light levels of 100 footcandles and uniformity of 1.7:1, per specifications/Addendum 3
System Description
. (6) Factory wired poletop Iuminaire assemblies, one per pole
. (62) Factory aimed and assembled luminaires, TLC-LIED-1400-4 (DLC Certified)
. Factory wired and tested remote electrical component enclosures
• Pole length, factory assembled wire harnesses, from remote driver enclosures to poletop Iuminalre
assemblies
• Mounting hardware for poletop luminaire assemblies and electrical romponenks enclosures
• Disconnects
• UL Listed assemblies
. Fixtures quoted are DLC Certified
Operation and Warranty Services
• Reduction of energy and maintenance costs by 40% to 85%over typical 1500W metal halide equipment
• product assurance and warranty program that covers materials and onsite labor, eliminating 100%of your
maintenance costs for 10 years
• 10-year materials and onsite labor warranty
Payment 'Terms
As agreed upon with Musco's Credit Department.
Delivery Timing
6 - 8 weeks for delivery of materials to the job Nike from the time of order, submittal approval, and confirmation of order
details Including voltage, phase, and pole locations.
Due to the built-in custom light control per luminalre, pole locations need to be, confirmed prior to production. Changes to
pole locations after the product is sent to production could result in additional charges.
IOD/D
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Notes
Quote is based ow
+ Shipment of entire project together to one location.
+ 480 Volt, 3 Phase electrical system requirement, to be confirmed prior to production
Structural code and wind .speed = 2016 CDC, 110 mph, Exposure C.
+ Confirmation of pale locations prior to production.
The owner of the field is responsible for the structural integrity of the existing poles.
Thank you for considering Nlusco for your lighting needs. Please contact me with any questions or fyou need additional
details.
Mike Marchettl
Nlusco Sports Lighting, LLC
3002 pow Ave„ U504
Tustin, CA 92780
Phone: 949-754-0503 x511t
E-mail: mll(e.marchettf@musco.com
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Luminaire Data
Weight (luminaire)
UL listing number
U L. listed for USA / Canada
CE Declaration
Ingress protection, luminaire
Material and finish
Wind speed rating (alming only)
UL, EC ambient temperature
rating, luminaire
'106lb (48 kg)
E338094
ULI $98 CSA-C22.2
No.250A
LVD, EMC, RoHS
IP65
Aluminum, powder -coat
painted
150 mi/h (67 m/s)
50°C (122°F)
Photometric Characteristics
Projected lumen maintenance per IES TM-21-11
L90 (13.5k)
>81,000 h
L80 (13,5k)
>81,000 h
L70 (13.5k)
>81,000 h
CIE correlated color temperature
5700K
Color rendering index (CRI) 75 typ, 70 min
Lumens' _ _
147,000
Footnotes:
1) Incorporates approprlate dirt depredatlon factor for life of luminalm.
5700K75CAI
I ,T
Driver Data
Electrical Data
Rated wattage'
Per driver
Per luminalre
Numberof luminaires per driver
Starting (inrush) current
Fuse rating
UL, IEc ambient temperature rating,
electrical components enclosure
Ingress protection, electrical
components enclosure
Efficiency
Dimming mode
Ranee, energy consumption
Range, light output _
Typfcal tying
surge'1400 W protection
1400 W -- -- -
Controller
1 Lt 01sconaed pipren¢nyl
Fuse
<40 A, 256 Ps
tlrivar '
15 A L? . Fuse Lnminalra
VC (I I YF)
* If 1.2 (cam) is neutral then not swllched or fusod.
IP54 t Not present It indoorinstnilatlml.
9S9'e
optional
20 --100%
25 —100%
Max operating current per 916A 7.95A 7.42A 7.10A 6.80A 5.90A 4.71A 4.30A 4.08A 3.94A &40A
Iuminairo'
Footootesi
1) rated wattage Is the power consumption, Including driver efficlency losses,
at stabiilted operation in 2S`C. ambient temperature environment.
2) Operating current Includes allowance for 0,90 minimum power factor,
operating temperature, and LED light source manurachning tolerances,
Notes
1. Use thermal magnetic HID -rated or D-curve circuit breakers.
2. See Musco Control System Surnmory for cl rcuit information.
2 ,A
EXHIBIT C
#9544A
SANTA ANA STADIUM OBF CALCULATION
Item Amount Source
Rate $ 0.21 From OBF Approval
Estimated Savings 117,211.00 calculated
Annual $ savings $ 24,948.36 calculated
Monthly $ savings $ 2,079.03 calculated
Estimated Project cost $ 501,167.70 From Proposal
Estimated total Rebate Incentive $ 19,925.87 calculated
Loan $ 481,241.83 calculated
Actual Loan Term Months 231 calculated
Actual Loan Term Years 19.29 calculated
Loan Length Limit 120 From OBF Approval
Applicable EUL 144 From OBF Approval
Net Amount for Financing
$
249,483.61
calculated
Out OfPodcet
$
231,758.22
calculated
CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDNYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD R01THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
V=ILIIIUdpV nomer is an
INSURED, the
If SUBROGATION,IS WAIVED, subject to the terms and Lconditio s of the Ipolicy, certain hpolici s may require INSURED
endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
PRODUCER Rnitnn R
I Blvd., Suite 100
91107
0008309
INSURED
Electro Construction Corp.
2225 North Windsor Avenue
Altadena CA 91001
COVFRAGFS
THIS
IS TO CERTIFY THAT THE POLICIES
OF
INSURANCE
. D IO30441
LISTED BELOW
REVISION NUMBER:
INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,
HAVE BEEN ISSUED TO
TERM OR CONDITION OF
THE INSURED
NAMED ABOVE FOR THE
POLICY PERIOD
CERTIFICATE
MAY BE ISSUED OR MAY
PERTAIN,
ANY CONTRACT
THE INSURANCE
OR OTHER
DOCUMENT WITH RESPECT
TO WHICH THIS
EXCLUSIONS
AND CONDITIONS OF SUCH
POLICIES.
AFFORDED BY THE POLICIES
LIMITS SHOWN MAY HAVE
DESCRIBED
HEREIN IS SUBJECT TO
ALL THE TERMS,
INSR
BEEN REDUCED BY
PAID CLAIMS.
LTR
TYPE OF INSURANCE
A DLSUBR
POLICYNUMBER MM UY�
POLICY EXP
10/1/2020
LIMBS
A
r/
COMMERCIALGENERALUMILITY
,/
GL 4426516-00 10/1/2019
EACH OCCURRENCE
$1 000 000
CLAIMS -MADE ,/ OCCUR
PREMISES Eaoccummcs
$100000
MED EXP (Any me emon)
$ 5 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PERSONALS AOV INJURY
$1 GOO 000
GENERAL AGGREGATE
$2,000,000
POLICY Z JECT LOC
PRODUCTS-COMP/OPAGG
$2000000
OTHER:
LIMIT
Eaaeg
$
A
AUTOMOBILE LIABILITY
BAP 4426517-00 10/1/2079
10/1/2020
✓ ANYADro
dennrSINGLE
1000000
$
OWNED SCHEDULED
BODILY INJURY (Par pemon)
AUTOS ONLY AUTOS
HIRED NON -OWNED
BODILY INJURY(Per accident)
$
AUTOS NLY AUrOS ONLY
DAMAGE
$
Per -rode
$
B
UMBRELLAIA9 LIAR
✓ ✓ OCCUR
ZUP-51 M42882-19-NF 10/1/2019
10/1/2020
EXCESS LCLAIMS-MADE
EACH OCCURRENCE
$8000000
DED ✓ RETENTION$101000
AGGREGATE
$660000
PER OTH-
S
A
WORKERSCOMPENSATION
AND EMPLOYERS'LU\BILITY
WC 4426515-00 1O/1/2019
10/1/2020
YIN
ANYPROPRIETOR/PAFIT NERIEXECUTIVE
✓ STATUTE ER
E.L. EACH ACCIDENT
a1000000
OFFICER/MEMBEREXCLUOED9 ❑Y
(Mantlato, In NX)
NIA
E.L DISEASE -EA EMPLOYEE
$
If yap, descdba under
DESCRIPTION OF OPERATIONS below
MIT
$1 000
C
Professional Liability, SIR $10000
PPK2042448 10/1/2019
C
Contract Pollution Liab, SIR $10000
PPK2042448
10/1/2020
Limit: $11,,000,000 A
: $2
10/1/2019
10/1/2020
Limit: $1,000,000; Aggregate:
$2,,000,000
000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1Dt, AEdsional Remarks Schedule, may be
attached if more space is requiretl)
of
GL GL Blanket Additional Insured & Primary and Non Contributory apply per UGL1175FCW0413 attached, onlyifrequired by Written contractiagreement.
applies
Re: ECC #1960, Cer
ity otion f Santa Lighting Retrofit at Stadium. um. Added. GIL itional nsured(sC Notice of C City loftion SantaaAnas aRisk Management I s
agents, representatives,
and volunteers. officers0employees,hed.
REVI IS APPROVED
CERTIFICATE HOLDER Rv Ric A Ar,FMFNT IVICInN ......._.. -_. _..
ECC #1960
City of Santa Ana
Risk Management Divi
20 Civic Center Plaza,
Santa Ana, CA 92702
12019
M. LAMBERT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Chau Tran
01988-2016 ACORD CORPORATI
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
51636441 1 6LECCON-CS 1 19-20 GL, At, pmb, WC, Prof L poll I Bolton Certificate Processing 110/3/2019 1:33:21 PM (POT) I Pege 1 of 9
rights
Additional Insured —Automatic — 0," (iers, Lessees Or
Contractors
9
ZURICH
Policy No.
Eff. Date of Pol.
Exp. Date of Pol.
Eff. Date of Fnd.
Producer No.
Add'I. Prem
ReturnPrem.
GL 4426516-00
01/10/2019
01/10/2020
75223000
INCL
THIS ENDORSEMENT CHANGES THE POLICY- PLEASE READ IT CAREFULLY.
Named Insured: Electro Construction Corp.
Address (including ZIP Code): 2225 North Windsor
Avenue
Altaden
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
4 1 �
P1 { q U-GL-1175-F CW (04/13)
Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 1 of 2
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C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit' as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered a$ an additional insured on another policy
Providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any
policy in which the additional insured is a Named Insured on such other policy and where our policy is required by
a written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
1(A U-GL-1175-F CW (04/13)
Include4copyrl edmate is In urance Services Office, Inc., with its permission, Page 2 of 2
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POLICY NUMBER: GL 4426516-00
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF
RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED
THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Section
IV — Condrdons:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above. r
CG 24 04 05 09 Ins an i4ccj Office, Inc., 2008 Page 1 of 1 ❑
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GL 4426516-00
IL 02 70 09 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES - CANCELLATION
AND N®NRENEWAL
This endorsement modifies insurance provided under the following:
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation
Common Policy Condition are replaced by the
following:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or
less, and is not a renewal of a policy we have
Previously issued, we may cancel this policy by
mailing or delivering to the first Named Insured,
at the mailing address shown in the policy, and
to the producer of-reoord; advance written
notice of cancellation, stating the reason for
cancellation, at least:
a. 10 days before the effective date of
cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this policy,
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.
3. All Policies in Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued, we may cancel this policy only upon
the occurrence, after the effective date of
the policy, of one or more of the following:
(1) Nonpayment of premium, including
payment due on a prior policy we issued
and due during the current policy term
- - - covering the same risks.
(2) Discovery of fraud or material
misrepresentation by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
Pursuing a claim under this policy.
(3) A judgment by a court or an
administrative tribunal that you have
violated a California or Federal law,
having as one of its necessary elements
an act which materially increases any of
the risks insured against.
LW
IL 02 74 09 12 4sr
crl l) i1110 fce, Inc., 2012
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(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safety standards, by you or your
representative, which materially
increase any of the risks insured
against.
(5) Failure by you or your representative to
implement reasonable loss control
requirements, agreed to by you as a
condition of policy issuance, or which
were conditions precedent to our use of
a particular rate or rating plan, If that
failure materially increases any of the
risks insured against.
(6) A determination by the Commissioner of
Insurance that the:
(a) Loss of, or changes in, our
reinsurance covering all or part of
the risk would threaten our financial
integrity or solvency; or
(b) Continuation of the policy coverage
would:
(i) Place us in violation of California
law or the laws of the state where
we are domiciled; or
(if) Threaten our solvency.
(7) A change by you or your representative
in the activities or property of the
commercial or industrial enterprise,
which results in a materially added,
increased or changed risk, unless the
added, increased or changed risk is
_._ included.. in_the policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason for
cancellation, to the first Named Insured, at
the mailing address shown in the policy,
and to the producer of record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium or discovery of
fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a,
B. The following provision is added to the
Cancellation Common Policy Condition:
7. Residential Property
This provision applies to coverage on real
property which is used predominantly for
residential purposes and consisting of not more
than four dwelling units, and to coverage on
tenants' household personal property in a
residential unit, if such coverage is written
under one of the following:
Commercial Property Coverage Part
Farm Coverage Part — Farm Property — Farm
Dwellings, Appurtenant Structures And
Household Personal Property Coverage Form
a. If such coverage has been in effect for 60
days or less, and is not a renewal of
coverage we previously issued, we may
cancel this coverage for any reason, except
as provided in b. and c. below.
b. We may not cancel this policy solely
because the first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium surcharge.
However, we shall cancel this policy if the
first Named Insured has accepted a new or
renewal policy issued by the CEA that
includes an earthquake policy premium
surcharge but fails to pay the earthquake
Policy premium surcharge authorized by the
CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises, This restriction (c.) applies
only if coverage is subject to one of the
following, which exclude loss or damage
caused by or resulting from corrosive soil
conditions:
(1) Commercial Property Coverage Part —
Causes Of Loss — Special Form; or
(2) Farm Coverage Part — Causes of Loss
Form — Farm Property, Paragraph D.
Covered Causes Of Loss — Special,
Page 2 of 4 u ce 6eeicls �qce, Inc,, 2012 IL 02 70 09 12
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C. The following is added and supersedes any
Provisions to the contrary:
(2) The Commissioner of Insurance finds
that the exposure to potential losses will
Nonrenewal
threaten our solvency or place us in a
1. Subject to the provisions of Paragraphs C.2,
hazardous condition. A hazardous
and C.3. below, if we elect not to renew this
condition includes, but is not limited to, a
Policy, we will mail or deliver written notice,
condition in which we make claims
stating the reason for nonrenewal, to the first
payments for losses resulting from an
Named Insured shown in the Declarations, and
earthquake that occurred within the
to the producer of record, at least 60 days, but
preceding two years and that required a
not more than 120 days, before the expiration
reduction in policyholder surplus of at
or anniversary date.
least 25/o for payment of those claims;
We will mail or deliver our notice to the first
or
Named Insured, and to the producer of record,
(3) We have:
at the mailing address shown in the policy.
(a) Lost or experienced a substantial
2. Residential Property
reduction in the availability or scope
This provision applies to coverage on real
of reinsurance coverage; or
Property used predominantly for residential
(b) Experienced a substantial increase
Purposes and consisting of not more than four
In the premium charged for
dwelling units, and to coverage on tenants'
reinsurance coverage of our
household property contained in a residential
residential property insurance
unit, if such coverage is written under one of
policies; and
the following:
the Commissioner has approved a plan
Commercial Property Coverage Part
for the nonrenewals that is fair and
Farm Coverage Part — Farm Property
equitable, and that is responsive to the
Dwellings, Appurtenant Structures And
changes in our reinsurance position.
Household Personal Property Coverage Form
c. We will not refuse to renew such coverage
a. We may elect not to renew such coverage
solely because the first Named Insured has
for any reason, except as provided in b., c.
cancelled or did not renew a policy, issued
and d. below.
by the California Earthquake Authority, that
b. We will not refuse to renew such coverage
included
surcha Sean earthquake policy premium
solely because the first Named Insured has
accepted an offer of earthquake coverage.
d. We will not refuse to renew such coverage
However, the following applies only to
insurers
solely because corrosive soil conditions
exist on the premises. This restriction (d.)
who are associate participating
insurers
applies only if coverage is subject to one of
as established by Cal. Ins. Code
Section 10089.16. We may
the following, which exclude loss or
elect not to
renew such coverage after the first Named
damage caused by or resulting from
corrosive soil conditions:
Insured, has accepted an offer
earthquake coverage, if one or more of thea
(1) Commercial Property Coverage Part —
following reasons applies:
Causes Of Loss — Special Form; or
(1) The nonrenewai is based on sound
(2) Farm Coverage Part — Causes Of Loss
underwriting principles that relate to the
Form — Farm Property, Paragraph D.
coverages provided by this policy and
Covered Causes Of Loss — Special.
that are consistent with the approved
3. We are not required to send notice of
rating plan and related documents filed
nonrenewai in the following situations:
with the Department of Insurance as
required by existing law;
a. If the transfer or renewal of a policy, without
any changes in terms, conditions or rates,
is between us and a member of our
insurance group.
IL 02 70 09 12 s ce'Seervtc@slOifice, Inc., 2012
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b. If the policy has been extended for 90 days
or less, provided that notice has been given
in accordance with Paragraph C.1.
c. If you have obtained replacement coverage,
or if the first Named Insured has agreed, in
writing, within 60 days of the termination of
the policy, to obtain that coverage.
d. If the policy is for a.period of no more than
60 days and you are notified at the time of
issuance that it will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
fimeframes shown in Paragraph C.1., to
renew the policy under changed terms or
conditions or at an increased premium rate,
when the increase exceeds 25%,
Page 4 of 4 ncJ Q JiCAce, Inc., 2012
IL 02 70 09 12
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WC 4426515-00
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0406 01 A
CALIFORNIA CANCELATION ENDORSEMENT
This endorsementapplies only to the insurance provided by the policy because California is shown in Item &A. of the
information page.
The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions:
Canoelation I. The occurrence of a material change in the
1. You may cancel this policy. You must mail or deliv- ownership of your business;
er advance written notice to us stating when the
cancelation is to take effect. 1• The occurrence of any change in your busi-
ness or operations that materially increases the
2. We may cancel this policy for one or more of the hazardfor frequency orseverity of loss;
following reasons:
a. Non-payment of premium;
b. Failure toreport payroll;
c. Failure topermit us toaudit payroll as required
by the terms of this policy or of a previous
Policy issued by us;
d. Failure to pay any additional premium resulting
from an audit of payroll required by the terms
of this policy or any previous policy issued by
us;
e. Material misrepresentation made by you or
your agent;
f. Failure tocooperate with us in the investigation
of a claim;
g. Failure to comply with Federal or State safety
orders;
h. Failure to comply with written recommen-
dations of our designated loss control repre-
sentatives;
IL The occurrence of any change in your busi-
ness or operation that requires additional or
different classification for premium calculation;
I. The occurrence of any change in your busi-
ness or operation which contemplates an activ-
ity excluded by our reinsurance treaties.
3. If we cancel your policy for any of the reasons
listed in (a) through (f), we will give you 10 days
advance written notice, stating when the cancel-
ation is to take effect. Mailing that notice to you at
your mailing address shown in item 1 of the Infor-
mation Page will be sufficient to prove notice. If we
cancel your policy for any of the reasons listed in
items (g) through (Q, we will give you 30 days
advance written notice; however, we agree that in
the event of cancelation and reissuance of a policy
effective upon a material change in ownership or
operations, notice will not be provided.
4. The policy period will end on the day and hour
stated in the cancelation notice.
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